Cedar Nordbye v. University of Memphis

The University of Memphis initiated termination proceedings against a tenured faculty
member. An administrative hearing was held before a panel comprised of four other
tenured faculty members. The panel issued a report in which the majority of its members
found that the university had not proven adequate cause for the faculty member’s
termination. The report and a record of the hearing were provided to the university’s
president, who disagreed and signed a letter terminating the faculty member. The faculty
member sought review of the termination in the Shelby County Chancery Court. The
chancery court held that the university president did not have authority to issue a decision
contradictory to that of the faculty panel. The chancery court also held that the facts
contained in the record did not amount to clear and convincing evidence of adequate cause
for termination and ordered the faculty member be reinstated with backpay. The university
appeals. We reverse and remand for entry of an order consistent with this opinion.